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GRAY v. MARTINDALE LUMBER CO.

No. 74-1016.

527 F.2d 1352 (1976)

Charles F. GRAY, Plaintiff-Appellant, v. MARTINDALE LUMBER COMPANY, Jack Martindale and Wilmer Martindale, Defendants-Appellees, Northwestern National Insurance Company, Intervenor.

United States Court of Appeals, Fifth Circuit.

March 5, 1976.

Attorney(s) appearing for the Case

Harold Peterson, Beaumont, Tex., George L. Schmidt, Houston, Tex., for plaintiff-appellant.

John H. Seale, March H. Coffield, Jasper, Tex., for defendants-appellees.

Rufus S. Garrett, Jr., Ft. Worth, Tex., amicus curiae on petition for rehearing en banc, for Tex. Assoc. of Defense Counsel.

Before RIVES, WISDOM and COLEMAN, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion 7-18-75, 5 Cir., 515 F.2d 1218, 1975)

RIVES, Circuit Judge:

A few corrections and changes are made in our opinion on original hearing which is now reported in 515 F.2d at 1218.

(1) We limit the following factual statements made at page 1221:

"Here, Martindale was in a better position than was Sears to warn Gray of the danger posed by unbanded lumber. Indeed, Martindale...

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